December 24, 1999

To: Toronto Community Council

From: Manager, Right of Way Management, Transportation Services, District 1

Subject: Request for an Exemption from Chapter 248 of the Former City of Toronto Municipal Code to Permit Driveway Widening at 590 Millwood Road

(North Toronto)

Purpose:

To report on a request for an exemption from Municipal Code Chapter 248, Parking Licences, of the former City of Toronto Municipal Code, to permit driveway widening which does not meet the requirements of the Code. As this is an appeal, it is scheduled as a deputation item.

Financial Implications and Impact Statement:

There are no financial implications resulting from the adoption of this report.

Recommendation:

It is recommended that:

(1) City Council deny the application for driveway widening at 590 Millwood Road;

OR

(2) City Council approve the application for driveway widening at 590 Millwood Road, notwithstanding that the landscaped open space requirement cannot be satisfied and subject to the applicant complying with the other criteria set out in Chapter 248, Parking Licences, of the former City of Toronto Municipal Code.

(3) Background:

Councillor Michael Walker, in his communication dated August 23, 1999, together with a communication dated August 12, 1999, from Ms. Debbie Carroll and Mr. William Menzel, owners of 590 Millwood Road, requested me to report on staff's decision to refuse the application for driveway widening at this location.

Comments:

Ms. Debbie Carroll and Mr. William Menzel, owners of 590 Millwood Road, Toronto, Ontario M4S 1K8, submitted an application on July 14, 1999, to park a vehicle adjacent to the mutual driveway in front of the property.

Driveway widening is currently governed by the criteria set out in Chapter 248 of the former City of Toronto Municipal Code. The current criteria of the Code:

(a) prohibits driveway widening where the mutual driveway exceeds a maximum width of 2.6 m; and

(b) requires that a minimum of 50% of the area on private property fronting the building be landscaped open space, of which 30% must be soft landscaping and that a minimum of 15% soft landscaping be provided within the city boulevard.

Inspection has shown that the property has access to the rear yard by means of a 2.93 m wide mutual driveway. Based on the width of the mutual driveway, Mr. Menzel was informed that his application was refused.

Notwithstanding that this location is not eligible for driveway widening because of the width of the driveway, the application was also reviewed to determine if the property would meet the other physical criteria of the Municipal Code, (i.e., landscaping requirements and clearances from trees, and other setbacks).

In reviewing the application, it has been determined that the landscaped open space requirement of the Code cannot be met.

For your Committee's information, an application was submitted to the Committee of Adjustments in connection with construction of an addition at the rear of the property. The applicants requested variances to the requirements that a parking space be provided on the property, and that 50% landscaped space be provided at the front of the property. The Committee of Adjustments granted these variances, and the decision became final and binding on March 24, 1999.

I note that Millwood Road is authorized for parking on a street name basis, where as of December 24, 1999, 47 permits have been issued against 133 total spaces. One permit is registered to the residents of 590 Millwood Road.

Conclusions:

The proposal for driveway widening at this property does not comply with the requirements of the Municipal Code as follows:

(a) the mutual driveway exceeds the maximum width of 2.6 m; and

(b) the landscaped open space provided would be less that the 50% required by the Code.

Staff cannot issue a driveway widening permit at this location, as it does not meet the requirements of the Municipal Code.

On hearing of deputations, the Toronto Community Council must decide whether or not to recommend that City Council grant the appeal.

Contact:

Nino Pellegrini, Senior By-law Officer, Off Street Parking

Telephone: 392-7768, Fax: 392-1058, E-mail: npellegr@toronto.ca

Manager

NP

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